Judgment Search Results Home > Cases Phrase: indian fisheries act 1897 section 2 act to be read as supplemental to other fisheries laws Page 1 of about 55 results (0.188 seconds)

M.E. Moolla Sons Limited Vs. the Official Assignee

Court : Mumbai

Reported in : (1936)38BOMLR1011

..... section 4 of the transfer of property act it is provided that section 54, paragraphs 2 and 3, and certain other sections, shall be read as supplemental to the indian registration act, ..... clause (6) is as follows :-(6) 'immoveable property' includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops ..... the present case part of the plaintiffs' difficulty is that by section 54 of the transfer of property act a contract for the sale of immoveable property ' does not of itself create any interest in or charge on such property ' according to the law of india. ..... he was governed by the indian succession act and the deed of settlement was not prima facie bad as inconsistent with any personal law applicable to him. ..... however, is defined in the general clauses act, 1897 (x of 1897), section 3 (25), as follows. ..... answered this question in the affirmative, and acting on the law laid down by the board in ariff ..... it is no part of the purpose of the provisions of section 54 that they should have any effect upon the devolution of property; and immoveable and moveable property for the present purpose do not necessarily correspond to real and personal estate in english law, whether or not these notions be specially considered in the light of equitable doctrines concerning trusts for conversion of .....

M.E. Moolla Sons, Ltd. (In Liquidation) Vs. Official Assignee, Rangoon ...

Court : Privy Council

..... other sections shall be read as supplemental to the indian registration act ..... immoveable property by the indian enactments involves a very different test from that applicable in england to determine what is an interest in land under the mortmain act or the fines and recoveries act or dower act or under any other english act is a separate problem ..... (6) is as follows : (6) 'immoveable property' includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries, or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth ..... devolution of property ; and immoveable and moveable property for the present purpose do not necessarily correspond to real and personal estate in english law, whether or not these notions be specially considered in the light of equitable doctrines concerning trusts for conversion of real estate. ..... which was registered under the indian companies act in 1921 and which was ordered to be wound up compulsorily on 21st june 1927 on the one side and the official assignee at rangoon on the other side as assignee of the ..... for more reasons than one, because the reference can only be to an interest of some sort in immoveable property, and it is difficult to see how the phrase " in the case of a reversion or other intangible thing" can be intended to fall short of covering every interest in immoveable property which is not regarded (as, e. g. ..... clauses act, 1897, (10 of 1897), .....

Kothota Marine Fishermen Co-operative Society Vs. Director of Fisherie ...

Court : Andhra Pradesh

Reported in : 2006(4)ALD66; 2006(4)ALT715

..... assistant government pleader for fisheries department appearing for respondents 1 to 4, who supports the case of the petitioner, submits that as per the rules framed under indian fisheries act, 1897 (fisheries act, for brevity) all the fishing rights in irrigation channels and irrigation drains are controlled by the assistant inspector of fisheries designated as fisheries officer and assistant director of fisheries. ..... to the effect that all public water-courses, springs, reservoirs, tanks, cisterns and other water works existing at the commencement of the act shall vest in the gram panchayat but as per the proviso to section 80(1) of the act, any work connected with the work of irrigation does not vest in gram panchayat. ..... gram panchayat, which has no power and control in the irrigation tank in question, which is not vested in it by law, cannot claim any fishery rights in it.14. ..... the scope of section 80 of panchayat raj act and held as under:a plain reading of sub-section (1) and the proviso thereunder leads to the inference that any work which is an 'irrigation work' or is connected with such work or any adjacent land appertaining to any such work shall not vest in the gram panchayat, consequently, the gram panchayat cannot claim any right or control over such irrigation works nor can claim any fishery rights in such ..... this is one such law which continued to be in force by reason of article 372 ..... the constitution provides for continuance in force of existing laws and their adaptation. .....

Hynes Vs. Grimes Packing Co.

Court : US Supreme Court

..... the validity of the exception permitting fishing by natives in possession of the reservation and their licensees is challenged by respondents because of a proviso in 1 of the white act, reading: " provided, that every such regulation made by the secretary of commerce shall be of general application within the particular area to which it applies, and that no exclusive or several right of fishery shall be granted therein, nor shall any citizen of the united states be denied the right to take, prepare, cure, or preserve fish or shellfish ..... and benefit of the native inhabitants of the native village of karluk, alaska, and vicinity: provided, that such designation shall be effective only upon its approval by the vote of the indian and eskimo residents of the area involved in accordance with section 2 of the act of may 1, 1936, supra: and provided further, that nothing herein contained shall affect any valid existing claim or right under the laws of the united states within the purview of that ..... any executive order and placed under the jurisdiction of the department of the interior or any bureau thereof, together with additional public lands adjacent thereto, within the territory of alaska, or any other public lands which are actually occupied by indians or eskimos within said territory: provided, that the designation by the secretary of the interior of any such area of land as a reservation shall be effective only upon its approval by the vote, by secret ballot .....

Commissioner of Customs Vs. Edhayam Frozen Foods and Cestat, South Zon ...

Court : Chennai

Reported in : 2008(133)ECC275; 2008(159)LC275(Madras); 2008(230)ELT225(Mad)

..... definition contained in indian fisheries act, 1897. ..... would include prawns/shrimps, is a question of fact, when the tribunal and the authorities below have held, that they are two different commodities under section 130 of the customs act, an appeal which involves a substantial question of law, can alone be entertained and the issue being question of fact, the court need not interfere with the finding arrived at by the ultimate fact finding ..... enacted by the central government is the marine products export development authority act, 1972 (act 13 of 1972), in which 'marine product' has been defined as follows:marine products' includes all varieties of fishery products known commercially as shrimp, prawn, lobster, crab, fish, shell-fish, other aquatic animals or plants or parts thereof and any other products which the authority may, by notification in the gazette of india, ..... finding that the exports of shrimps/prawn made by the respondents were not exigible to levy of cess under section 3 of the agricultural produce cess act, 1940 read with item no. ..... cegat lies to the high court' can be read as appeal to the high court from the order ..... the relevant portion of that classification read as under:phylum sub-phylum super class class sub-classarthropoda onychophora tardigrada pentastomida trilobitomorphia chelicerata merostomataarachnidamandibulata crustaceapauropodadiplopodachilopodasymphylainsecta apterygotaexopterygotaendopterygotachordata hemichordata enteropneustaurochordata cephalochordata .....

Baban Mayacha and ors. Vs. Nagu Shravucha and ors.

Court : Mumbai

Reported in : (1877)ILR2Bom19

..... beds of tidal rivers in british india are, like those of such rivers in great britain, prima facie, to be regarded as vested in the crown is established, the transition thence to the proposition--that the subjacent soil of the british indian seas, within the territorial limit of three geographical miles from low-water-mark, is also vested in the crown--is (if the like proposition as to the territorial waters of great britain be true) not difficult, for a navigable river ..... excepting, however, the information derivable from the previous litigation between the inhabitants of the villages of malavni and manori, who once again encounter each other in the present suit, there is an absolute dearth of authority in our indian law books with respect to fisheries in the open sea.19. ..... of the principal sadr amin, where the former suit was instituted, in its present form while act ix of 1844 was in force, the court within whose jurisdiction the parties reside would, i think, have had jurisdiction, because, for the reasons already given, it does not 'relate' to 'landed or other real property' within the 3rd section of that act, and the objection made successfully in the former suit, that the sea off yerangal is not ..... a more ambitious assertion of the proprietary right of the state in lands is to be found in the preamble of bombay regulation iii of 1814, if it be read in the sense which primarily it would seem to bear. .....

Atul Kumar JaIn Vs. Deputy Commissioner of Income-tax

Court : Delhi

Reported in : (1999)64TTJ(Del)786

..... the learned counsel has also made a reference to the definition of the term 'document' as given in black law dictionai3 evidence act and general clauses act along with the meaning of the words 'describe' and 'express' used in the definitions under the indian evidence act and general clauses act to support the contention that the document should have graphic presentation and distinct manifestation leaving no room for guess, surmise and conjecture and it should be capable of ..... the course of hearing raised the following additional ground with the request that the same may be admitted and decided on merits as it does not require any fresh investigation on fact, being a pure question of law :'on the facts and circumstances of the case and without prejudice to any other ground of appeal, the learned assessing officer erred in not giving the benefit of s. ..... learned counsel has, thereforee, concluded with the submission that the said chit of paper is not the document and the figures given therein as '395.00' cannot be read and adopted as '39,50,000' as representing the sale consideration of pitampura property to assess the difference amount of rs. ..... there is no basis given or material brought on record for reading the said figure of '395' as '39,50,000' by adding ' ..... assessing officer has deciphered the figures given by adding thereto 'ow, '000' or '0000' and read the total of left hand side as the receipt of rs. ..... as against 2,635.60 (or 6,160 if 30.60 is read as 3,560) in the original paper. .....

Jalla Seshaiah and Others Vs. Moka Venkateswarlu and Others

Court : Andhra Pradesh

Reported in : AIR1991AP343; 1991(2)ALT547

..... the indian fisheries act of 1897 continues to be in force after the constitution came into force ..... under the indian fisheries act, act iv of 1897 the fisheries department was granting licences to the fishermen to do fishing with different types of nets ..... by necessary implication the indian fisheries act ceases to have force with reference to these ..... (2) whether the fisheries act of 1897 continues to be in force with regard to interu-swamp and the plaint schedule area in spite of the passing of the gram panchayats act, as far as the interu swamp is concerned? ..... vesting of water works in gram panchayats :-- (1) all public water-courses, springs, reservoirs, tanks, cisterns, fountains, wells, stand-pipes and other water works (including those used by the public to such an detent as to give a prescriptive right to their use) whether existing at the commencement of this act or afterwards made, laid or erected and whether made, laid or erected at the cost of gram panchayat or otherwise for the use or benefit of the public, and also any ..... a perusal of the language of section 85(1) clearly indicates that all public water-courses, springs, reservoirs, tanks, cisterns, fountains, wells, stand pipes and other water works including those used by the public to such an extent as to give a prescriptive right to their use vest in the gram panchayat ..... 372 of the constitution provides for continuance in force of existing laws and their adaptation. ..... 85 of the gram panchayats act reads as follows :'sec. 85. .....

P. Ramachandra Reddiar and P. Arjuna Reddiar Vs. Commissioner of Incom ...

Court : Kerala

Reported in : [1993]200ITR161(Ker)

..... alleppey' to get their individual tax liability reduced, attracted differingjudgments from two judges of this court constituting the bench, and, therefore, in accordance with section 9 of the kerala high court act read with section 23 of the travancore high court act and section 259 of the income-tax act, 1961, the matter comes before me for decision according to the opinion of the majority.56. the main point to be considered is whether the income ..... right to receive the share of profits and that means, the exclusive right of a partner in his personal assets upon his introduction into the partnership firm, are transformed into an interest shared with other partners in that asset and that during the subsistence of the partnership, the value of the interest of each partner cannot be isolated or carved out from the value of the partner's ..... other words, the revenue has no case that the transfer in question falls under section 29 of the indian partnership act ..... ignore a transfer of assets in certain circumstances, although the transfer itself is valid in law, and include the income arising from the transferred assets in the total income of the transferor ..... and malabar fisheries co. v ..... , malabar fisheries co. ..... ..... ; malabar fisheries co. v. ..... and malabar fisheries co. ..... before dissolution, as was held by this court in malabar fisheries co. v. ..... firm's property or firm's assets is only the property or assets in which all the partners have a joint or common interest : see malabar fisheries co. v. .....

In Re: Colaba Land and Mills Co. Ltd., V.M. Deshpande and anr. Vs. V. ...

Court : Mumbai

Reported in : [1970]78ITR584(Bom)

..... . it is sufficient to state that in connection with the provisions of the income-tax act, 1922, the judicial committee noticed chapter by chapter the provisions of the income-tax law and the scheme thereof, inter alia, in respect of the charging sections, deductions and assessments, recovery and penalties, refunds and notices, the sections prescribing the duties of the income-tax authorities and the right of appeal to the assistant commissioner, and such other matters ..... . in that connection the court first noticed that under section 239 of the indian companies act, 1913, only limited priority was fixed in connection with crown debts ..... . the marginal note to section 446 reads ' suits stayed on winding-up order and the relevant part of the section provides :(1) when a winding-up order has been made or the official liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, against the company except by leave of the court and subject to such terms as the court may impose ..... . india fisheries pvt ..... . india fisheries pvt ..... . india fisheries pvt ..... . india fisheries private ltd ..... . india fisheries pvt ..... . india fisheries pvt ..... . fisheries pvt .....